The House of Delegates met at 11:00 a.m., and was called to order by the Speaker.
Prayer was offered and the House was led in recitation of the Pledge of Allegiance.
The Clerk proceeded to read the Journal of Tuesday, March 15, 2005, being the first order
of business, when the further reading thereof was dispensed with and the same approved.

Committee Reports

Mr. Speaker, Mr. Kiss, from the Committee on Rules, submitted the following report, which
was received:
Your Committee on Rules has had under consideration:H. R. 26, Designating Thursday, March 17, 2005, as West Virginia History Day at the House
of Delegates,H. C. R. 17, Requesting the Joint Committee on Government and Finance to make a study
of issues involving volunteer firefighters,H. C. R. 24, Recognizing Bluefield State College for its selection as the Tom Joyner
Foundation's national "Historically Black College of the Month" for May 2005,
And, H. C. R. 45, Honoring the late Leonard R. Valentine by declaring the bridge numbered 54 - 1.60 on State Route 54 in Mullens, West Virginia the "Leonard Valentine 'Coach Val' Memorial
Bridge",
And reports the same back with the recommendation that they each be adopted.
Chairman Campbell, from the Committee on Education, submitted the following report,
which was received:
Your Committee on Education has had under consideration:H. B. 2837, Prescribing personal finance instruction in secondary schools by the State Board
of Education.
And reports the same back, by unanimous vote of the Committee, with the recommendation
that it do pass, and with the recommendation that second reference of the bill to the Committee on
Finance be dispensed with.In the absence of objection, reference of the bill (H. B. 2837) to the Committee on Finance
was abrogated.
Having been reported from committee with no dissenting vote, and in accordance with the
provisions of House Rule 70a, the foregoing bill (H. B. 2837) will be placed on the Consent
Calendar.
Chairman Campbell, from the Committee on Education, submitted the following report,
which was received:
Your Committee on Education has had under consideration:H. B. 2783, Authorizing the Director of the Division of Rehabilitation Services to allow
youth or other civic groups to use rehabilitation facilities and to charge a reasonable rent therefor.
And reports the same back, by unanimous vote of the Committee, with the recommendation
that it do pass, and with the recommendation that second reference of the bill to the Committee on
Finance be dispensed with.
In the absence of objection, reference of the bill (H. B. 2783) to the Committee on Finance
was abrogated.
Having been reported from committee with no dissenting vote, and in accordance with the
provisions of House Rule 70a, the foregoing bill (H. B. 2783) will be placed on the Consent
Calendar.
Chairman Campbell, from the Committee on Education, submitted the following report,
which was received:
Your Committee on Education has had under consideration:H. B. 3018, Relating to designation of Mountaineer Challenge Academy as a special
alternative education program.
And reports the same back, by unanimous vote of the Committee, with the recommendation
that it do pass, and with the recommendation that second reference of the bill to the Committee on
Finance be dispensed with.
In the absence of objection, reference of the bill (H. B. 3018) to the Committee on Finance
was abrogated.
Chairman Beane, from the Committee on Government Organization, submitted the following
report, which was received:
Your Committee on Government Organization has had under consideration:H. B. 2751, Speech Language Pathology and Audiology, Board of Examiners for,
And reports the same back, by unanimous vote of the Committee, with the recommendation
that it do pass, but that it first be referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the bill (H. B. 2571) was referred to
the Committee on the Judiciary.
Chairman Beane, from the Committee on Government Organization, submitted the following
report, which was received:
Your Committee on Government Organization has had under consideration:H. B. 2706, Chiropractic Examiners, Board of, Regulations of Chiropractic Practice,
And reports the same back, by unanimous vote of the Committee, with amendment, with the recommendation that it do pass, as amended, but that it first be referred to the Committee on the
Judiciary.
In accordance with the former direction of the Speaker, the bill (H. B. 2706) was referred to
the Committee on the Judiciary.
Chairman Amores, from the Committee on the Judiciary, submitted the following report,
which was received:
Your Committee on the Judiciary has had under consideration:H. B. 2266, Imposing a one hundred dollar per year fee for licenses allowing wine sampling
events by wine retailers,
And reports the same back, with amendment, with the recommendation that it do pass, as
amended, but that it first be referred to the Committee on Finance.
In accordance with the former direction of the Speaker, the bill (H. B. 2266) was referred to
the Committee on Finance.
Chairman Amores, from the Committee on the Judiciary, submitted the following report,
which was received:
Your Committee on the Judiciary has had under consideration:H. B. 2229, Providing for the temporary detention of juvenile perpetrators of domestic
violence,
And reports back a committee substitute therefor, by unanimous vote of the Committee, with
a new title, as follows:Com. Sub. for H. B. 2229 - "A Bill to amend and reenact §48-27-403 of the code of West
Virginia, 1931, as amended, and to amend and reenact §49-5-7 and §49-5-8 of said code, all relating
to custody of juveniles who are respondents in an emergency protective order by law-enforcement
officials,"
With the recommendation that the committee substitute do pass.
Having been reported from committee with no dissenting vote, and in accordance with the provisions of House Rule 70a, the foregoing bill (Com. Sub. for H. B. 2229) will be placed on the
Consent Calendar.
Chairman Amores, from the Committee on the Judiciary, submitted the following report,
which was received:
Your Committee on the Judiciary has had under consideration:H. B. 2936, Relating to regulation of advertising by dentists,
And reports back a committee substitute therefor, by unanimous vote of the Committee, with
the same title, as follows:Com. Sub. for H. B. 2936 - "A Bill to amend the Code of West Virginia, 1931, as amended,
by adding thereto a new article, designated §30-4C-1, §30-4C-2, §30-4C-3, §30-4C-4 and §30-4C-5,
all relating to the regulation of advertising by dentists,"
With the recommendation that the committee substitute do pass.
Having been reported from committee with no dissenting vote, and in accordance with the
provisions of House Rule 70a, the foregoing bill (Com. Sub. for H. B. 2936) will be placed on the
Consent Calendar.
Chairman Browning, from the Joint Committee on Enrolled Bills, submitted the following
report, which was received:
Your Joint Committee on Enrolled Bills has examined, found truly enrolled and, on the
fifteenth day of March, 2005, presented to His Excellency, the Governor, for his action, the
following bill, signed by the President of the Senate and the Speaker of the House of Delegates:(H. B. 2483), Repeal the section of the West Virginia Code relating to escape of convicts
and rewards.
Chairman Stalnaker, from the Committee on Pensions and Retirement, submitted the
following report, which was received:
Your Committee on Pensions and Retirement has had under consideration:H. B. 2984, Discontinuing the loan program participation of teachers and nonteachers who become members of the Teachers Retirement System on or after July 1, 2005,
And reports the same back, with amendment, with the recommendation that it do pass, as
amended, but that it first be referred to the Committee on Finance.
In accordance with the former direction of the Speaker, the bill (H. B. 2984) was referred to
the Committee on Finance.

Messages From The Senate

A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage of
S. B. 235 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto
a new section, designated §19-9-7a, relating to the National Animal Identification System; providing
rule-making authority; and exempting premises and animal identification data from disclosure";
which was referred to the Committee on the Judiciary.A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage ofS. B. 413 - "A Bill to amend and reenact §31A-3-2 of the Code of West Virginia, 1931, as
amended; and to amend and reenact §31A-8C-1, §31A-8C-2, §31A-8C-3 and §31A-8C-5 of said
code, all relating generally to financially related activities of state-chartered banking institutions;
reorganizing the approval process for engaging in financially related activities; clarifying the
definition of financially related activities; creating a notice and approval process to engage in
'financially related activities'; allowing banks to make equity investments in entities providing
financially related activities on the same terms as national banks; and restating the purpose and
interpretation of the article".
At the respective requests of Delegate Staton, and by unanimous consent, reference of the
bill (S. B. 413) to a committee was dispensed with, and it was taken up for immediate consideration, read a first time and ordered to second reading.

Resolutions Introduced

Delegate Stevens offered the following resolution, which was read by the Clerk as follows:H. R. 27 - "Commemorating the life of Olin David 'OB' Collins, gentleman, Delegate, and
long-time resident of Tucker County."
Whereas, OB Collins was born on May 5, 1945 in Philadelphia and died in Davis in Tucker
County on February 12, 2005. Most of his life was spent at his preferential location of Tucker
County; and
Whereas, OB Collins, was a large man, with a baritone voice, nicknamed "Moose" by his
fellow coal miners, and the length and breadth of his compassion and concern for his fellow human
beings was not dissimilar with his august torso; and
Whereas, OB Collins served his beloved Tucker County with grace, dignity and enthusiasm,
as a member of the West Virginia House of Delegates from 1987 to 1996; and
Whereas, OB Collins, an accomplished leader with substantial intellect, was comfortable
among the humblest of humanity as well as the most urbane personages; and
Whereas, OB Collins, though being an individual with numerous accomplishments and
successes, never boasted, and considered his beloved wife and children to be his greatest
accomplishment and success; and
Whereas, The legacy of this thoughtful and conscientious man, and past member of this
Legislative body, is one worthy of emulation; therefore, be itResolved by the House of Delegates:That while regret is expressed by the members at the death of OB Collins, a greater
expression of rejoice is expressed in the celebration of his steadfast and uplifting life; and, be itFurther Resolved, That the Clerk of the House of Delegates prepare a certified copy of this
Resolution for Mr. Collins' best friend in life, his surviving widow, Betty L. Mullenax Collins.
At the respective requests of Delegate Staton, and by unanimous consent, reference of the resolution (H. R. 27) to a committee was dispensed with, and it was taken up for immediate
consideration and adopted.

Petitions

Delegates Staton, Browning, Frederick, Porter and Long presented a petition, signed by one
hundred forty-six residents of the State, expressing strong opposition to the proposed two percent
wage tax; which was referred to the Committee on Finance.
Delegates Hrutkay, Eldridge, Ferrell and Butcher presented a petition, signed by two hundred
eighty-six residents of the 19th District, requesting that automated telephone campaign solicitations
be prohibited; which was referred to the Committee on the Judiciary.

Bills Introduced

On motions for leave, bills were introduced, read by their titles, and severally referred as
follows:By Delegates Walters, Webster, Palumbo and Wells:H. B. 3050 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §7-18-16, relating to the hotel occupancy tax generally;allowing
certain counties to charge a hotel user fee of three percent; and providing that the moneys collected
from the user fee from hotels located in municipalities be rebated to the municipalities"; to the
Committee on Political Subdivisions then the Judiciary.

H. B. 3051 - "A Bill to amend and reenact §20-1-2 of the Code of West Virginia, 1931, as
amended, relating to defining certain terms relative to hunting"; to the Committee on Agriculture and
Natural Resources then the Judiciary.By Mr. Speaker, Mr. Kiss, and Delegate Trump
[By Request of the Executive]:
H. B. 3052 - "A Bill to repeal §12-6-10 and §12-6-15 of the Code of West Virginia, 1931, as amended; to amend and reenact §12-1-2, §12-1-12 and §12-1-13; to amend said code by adding
thereto a new section, designated §12-1-12b; to amend and reenact §12-2-2 and §12-2-3; to amend
and reenact §12-3A-4; to amend and reenact §12-6-1a, §12-6-5, §12-6-8 and §12-6-13; to amend and
reenact §12-6B-4; and to amend said chapter by adding thereto a new article, designated §12-6C-1,
§12-6C-2, §12-6C-3, §12-6C-4, §12-6C-5, §12-6C-6, §12-6C-7, §12-6C-8, §12-6C-9, §12-6C-10,
§12-6C-11, §12-6C-12, §12-6C-13, §12-6C-14, §12-6C-15, §12-6C-16, §12-6C-17, §12-6C-18,
§12-6C-19 and §12-6C-20, all relating generally to the management and investment of public funds;
authorizing investment accounts for the Board of Treasury Investments; adding State Treasurer to
entities receiving reports from depositories regarding accounts not approved by the State Treasurer;
allowing the Board of Treasury Investments to accept funds remitted by the State Treasurer;
codifying and clarifying the duties of the State Treasurer in administering the Federal Cash
Management Improvement Act; authorizing the Federal Cash Management Interest Fund and the
Federal Cash Management - Administration Fund; enabling the Board of Treasury Investments to
invest moneys in the consolidated fund; codifying current method of handling receipts using the state
accounting system; authorizing Legislature to transfer moneys; requiring spending units to comply
with procedures for receipt and disbursement of moneys not due the state; clarifying roles and
administration of the West Virginia pay card; transferring management of consolidated fund from
Investment Management Board to West Virginia Board of Treasury Investments; removing provision
that the Investment Management Board can order the State Auditor and the State Treasurer to
transmit funds; creation of West Virginia Board of Treasury Investments; changing the date the debt
capacity report is due from October first to January fifteenth; providing purposes, legislative findings
and definitions for the Board of Treasury Investments; specifying membership of board, appointment
of certain directors of board, terms of office, vacancies in office, removal of directors, expenses of
directors, meetings and powers of board; transferring management, control and administration of
consolidated fund to the Board of Treasury Investments; requiring annual review of asset allocation
plans and investment policies; specifying requirements and restrictions on investments; authorizing loans for industrial development; handling of securities; establishing the standard of care for
investments; transferring existing cash, securities and other investments to the Board of Treasury
Investments; requiring audits, financial statements and reports; continuing the current powers of
spending units as to investments; transferring all loans from the consolidated fund to the Board of
Treasury Investments; creating the fee fund and the investment fund; authorizing fees for
administration and expenses; and termination of Board"; to the Committee on Government
Organization then Finance.By Delegate Michael:H. B. 3053 - "A Bill to repeal §8-13B-1, §8-13B-2, §8-13B-3, §8-13B-4, §8-13B-5, §8-13B-
6, §8-13B-7, §8-13B-8, §8-13B-9, §8-13B-10, §8-13B-11, §8-13B-12, §8-13B-13, §8-13B-14, §8-
13B-15, §8-13B-16, §8-13B-17, §8-13B-18, §8-13B-19 and §8-13B-20 of the Code of West
Virginia, 1931, as amended, all relating to the downtown redevelopment district act"; to the
Committee on the Judiciary.By Delegate Michael:H. B. 3054 - "A Bill to amend and reenact §18-9A-15 of the Code of West Virginia, 1931,
as amended, relating to dedicated funding for counties with both increased enrollment and a net
enrollment of one thousand four hundred or fewer students"; to the Committee on Education then
Finance.By Delegate Amores:H. B. 3055 - "A Bill to amend and reenact §18-2-25 of the Code of West Virginia, 1931, as
amended, relating to classes of competition in all end-of-year interscholastic athletic tournaments";
to the Committee on Education then the Judiciary.By Delegates Proudfoot and H. White:H. B. 3056 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §33-6-37; and to amend said code by adding thereto a new section,
designated §33-6A-1b, all relating to insurance policies; requiring insurers to provide their policy governing premium rate increases to their insureds when a policy is issued or rewritten; to allow the
Commissioner of Insurance to promulgate rules for implementation; and to prohibit insurers from
raising automobile liability premiums when an insured intentionally allows a policy to lapse"; to the
Committee on Banking and Insurance then the Judiciary.By Delegates Lane (By Request) and Porter:H. B. 3057 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §16-4C-14a, relating to authorizing Emergency Medical
Technicians (EMT's) to administer epinephrine to persons suffering from an allergy attack"; to the
Committee on Health and Human Resources then the Judiciary.By Mr. Speaker, Mr. Kiss, and Delegates Stemple, Barker, Boggs, Perdue and Michael:H. B. 3058 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §16-5B-14, relating to designation of rural hospitals for purposes
of the Critical Access Hospital Program"; to the Committee on Health and Human Resources then
the Judiciary.By Delegate Michael:H. B. 3059 - "A Bill to amend and reenact §15-2A-2, §15-2A-5, §15-2A-6, §15-2A-7,
§15-2A-8, §15-2A-9, §15-2A-10, §15-2A-11, §15-2A-12, §15-2A-13, §15-2A-14 and §15-2A-19
of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto three
new sections, designated §15-2A-11a, §15-2A-11b and §15-2A-21, all relating to the West Virginia
State Police Retirement System; providing definitions for month of service and years of service;
lowering the normal retirement age; specifying starting date of annuity; and eliminating any
reduction in the benefit of a State Police Officer who is disabled on the job"; to the Committee on
Pensions and Retirement and then Finance.By Delegates Beane and Amores:H. B. 3060 - "A Bill to amend and reenact §11-15-9 of the Code of West Virginia, 1931, as
amended, relating to exempting the sale of prescription drugs in a physician's office or clinic from the six percent sales tax"; to the Committee on Finance.By Mr. Speaker, Mr. Kiss:H. B. 3061 - "A Bill to amend and reenact §20-2-5 of the Code of West Virginia, 1931, as
amended; and to amend said code by adding thereto a new section, designated §20-2-46n, all relating
to authorizing crossbow hunting for disabled persons"; to the Committee on Agriculture and Natural
Resources then the Judiciary.

H. B. 3062 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §11-15-9i, relating to exempting fresh produce from the sales tax";
to the Committee on Finance.By Delegates Blair, Trump, Duke, Overington, Tabb and Roberts:H. B. 3063 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §22C-4-31, relating to requiring that solid waste authority site
plans be considered approved unless the solid waste authority disapproves the plan within sixty
days"; to the Committee on Political Subdivisions then the Judiciary.By Delegates Doyle, Hatfield and Brown:H. B. 3064 - "A Bill to amend and reenact §48-11-105 of the Code of West Virginia, 1931,
as amended, relating to providing that the attendance of college by a noncustodial parent may not
be used as grounds to modify a child support order"; to the Committee on the Judiciary.By DelegatesSwartzmiller and Stemple:H. B. 3065 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §29-22-9c, relating to the lottery; providing for an instant scratch-
off lottery ticket game to benefit deputy sheriffs; creating a special fund within the State Treasury
for the deputy sheriffs' lottery ticket proceeds; appropriating the deputy sheriffs' lottery ticket
proceeds for a specific purpose; requiring the Lottery Commission to change the design of the ticket on a regular basis; and requiring the State Consolidated Public Retirement Board to annually report
to the Joint Committee on Government and Finance"; to the Committee on the Judiciary then
Finance.By Delegates Talbott, Crosier and Hartman:H. B. 3066 - "A Bill to amend and reenact §20-7-26 of the Code of West Virginia, 1931, as
amended, relating to increasing the penalties for discarding trash on land and in streams"; to the
Committee on the Judiciary.By Delegates Amores and Trump:H. B. 3067 - "A Bill to amend and reenact §3-5-23 of the Code of West Virginia, 1931, as
amended, relating to elections generally; and removing certain language requiring canvassers to
notify signers that they are prohibited from voting; making certain technical changes; and requiring
the clerk of the county commission to assist the circuit clerk and the Secretary of State in checking
the validity of nominating petitions"; to the Committee on the Judiciary.

H. B. 3068 - "A Bill to amend and reenact §21-3C-5 of the Code of West Virginia, 1931,
as amended, relating to authorizing private inspectors to conduct annual inspections of elevators in
state-owned buildings; and, establishing authority for the Division of Labor to conduct over-site
inspections"; to the Committee on Government Organization.By Delegate Campbell:H. B. 3069 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §18B-2A-7, relating to institutional boards of governors; orders,
resolutions, policies, rules and obligations of the governing boards; division of assets and liabilities
by date certain; and financial audits"; to the Committee on Education.By Delegate Barker:H. B. 3070 - "A Bill to amend and reenact §61-3-54 of the Code of West Virginia, 1931, as amended, relating to amending the crime of identity theft to provide that it is a felony if a person
commits the crime with the intent to commit any other crime"; to the Committee on the Judiciary.By Mr. Speaker, Mr. Kiss, and Delegates Beane, Trump and Border:H. B. 3071 - "A Bill to amend and reenact §7-4-6 of the Code of West Virginia, 1931, as
amended, relating to continuing the West Virginia Prosecuting Attorneys Institute until July 30,
2011; altering the scope of responsibility to include services to the entire staff of prosecutors;
allowing the Institute to train law-enforcement personnel and other investigative agencies; and
allowing the Institute to partner with private groups or organizations and accept moneys for
reimbursement for expenses incurred with respect to its duties"; to the Committee on Government
Organization.By Delegates Ennis, DeLong, Swartzmiller, Yost and G. White:H. B. 3072 - "A Bill to amend and reenact §16-13A-9 of the Code of West Virginia, 1931,
as amended, relating to requiring that every house, dwelling or business located in an area where
public water services are made available for the first time after July 1, 2006 be connected to the
public water service"; to the Committee on Political Subdivisions then the Judiciary.By Delegates Amores and Trump:
H. B. 3073 - "A Bill to amend and reenact §3-4A-28 of the Code of West Virginia, 1931,
as amended, relating to elections generally; and making certain technical changes clarifying access
to maintenance and examination of sealed post-election materials and equipment during the canvass
and requiring the immediate resealing"; to the Committee on the Judiciary.By Delegates Staton, Browning, H. White and Moore:
H. B. 3074 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §20-1A-10, relating to the installation of obstructions or structures
in perennial watercourses without a permit issued by the public land corporation; criteria for the
granting of permit applications; definition of the term structure; penalty for violations; promulgation
of emergency rules"; to the Committee on the Judiciary.

Consent Calendar

First Reading

H. B. 3046, Continuation of the Board of Veterinary Medicine, on first reading, coming up
in regular order, was read a first time and ordered to second reading.

Special Calendar

Unfinished Business

H. C. R. 9, Requesting the Division of Highways to name the bridge in Curtin, West
Virginia, the "Larry 'Joe' Markle Bridge"; coming up in regular order, as unfinished business, was
reported by the Clerk and adopted.Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.

Third Reading

S. B. 146, Establishing Unborn Victims of Violence Act, on third reading, coming up in
regular order, with the right to amend, was reported by the Clerk.
Delegates Webster, Brown, Caputo, Hatfield and Morgan moved to amend the bill on page
two, after the enacting clause, by striking out the remainder of the bill and inserting in lieu thereof
the following:
"That the code of West Virginia, 1931, as amended, be amended by adding thereto a new
article, designated §61-2A-1; §61-2A- 2; §61-2A- 3; §61-2A-4; §61-2A-5; and §61-2A-6, all to read
as follows:

ARTICLE 2A. CRIMES AGAINST A PREGNANT FEMALE OR HER EMBRYO OR
FETUS.

§61-2A-1. Legislative findings.
The Legislature finds as follows:
(1) That the Legislature of the state of West Virginia has a duty to maintain and to protect
the life and health of a pregnant female and to ensure the optimal well-being of the potential life and health of her embryo or fetus in utero, at defined stages of gestation, from the consequences of the
acts or omissions of a third party that may cause death or injury to her, deprive her embryo or fetus
of its potential for life or health, or cause physical injury to her embryo or fetus;
(2) That when a pregnant female's privacy interests are not at issue, then her right of privacy
does not conflict with the right and duty of the state of West Virginia to determine whether, and at
what time during gestation, it should protect a pregnant female and the potential life and health of
her embryo or fetus in utero; and
(3) That in enacting this legislation, the Legislature determines that an embryo or fetus in
utero is live and possesses DNA and a complement of genes and chromosomes that identify the
embryo or fetus as of the human species. The Legislature further determines that if an embryo or
fetus is lost or injured as a result of the unlawful acts of a third party, there is a second victim and
criminal liability and punishment should attach. But beyond these determinations, the Legislature
as a body does not intend to make a statement as to any moral, religious, scientific or other belief that
may be held by an individual or a group of individuals regarding the question of when a human life
begins.§61-2A-2. Definitions.
(1) 'Embryo' means the developing human in its early stages. The embryonic period
commences at the beginning of the third week after ovulation/fertilization, which coincides in time
with the expected day that the next menstruation would have started. The end of the embryonic
period and the beginning of the fetal period occurs eight weeks after fertilization, or ten weeks after
the onset of the last menstrual period. At the end of the embryonic period, the major portion of lung
development is yet to occur, but few other new major body structures are formed after this time.
(1) 'Gestation' means the period of time during which a pregnant female carries an embryo
or fetus in her uterus during pregnancy.
(2) 'In utero' means in the uterus, during gestation.
(3) 'Non-viable fetus' means a fetus that has ended the embryonic period and begun the fetal period. The fetal period of a non-viable fetus begins eight weeks after fertilization, and exists until
the fetus becomes a viable fetus.
(4) 'Pregnant female' means a female who is in gestation.
(5) 'Viable fetus' means a fetus that has developed and matured so as to be capable of
successfully surviving the trauma of birth. The time of development and maturity of the fetus may
vary if the fetus was with or without proper prenatal care, or if a potentially viable fetus had the aid
of medical support and facilities. A fetus with the aid of proper medical support and facilities may
be viable between the twentieth and twenty-fourth weeks of gestation or when it has developed an
estimated fetal weight of at least 500 grams, as determined by an accepted medical procedure,
including, but not limited to, ultrasonic imaging and examination.§61-2A-3. Exceptions to application of article.(a) The provisions of this article do not apply to:
(1) Acts that cause the loss of an embryo or fetus if those acts were performed during an
abortion to which the pregnant female, or a person authorized by law to act on her behalf, consented
or for which the consent was implied by law;
(2) Acts or omissions by medical personnel during or as a result of the delivery of medical
or health-related treatment or services, including, but not limited to, medical care, abortion,
diagnostic testing, or fertility treatment;
(3) Acts or omissions by medical personnel in performing lawful procedures involving
embryos that are not in a stage of gestation in utero;
(4) Acts involving the use of force in lawful defense of self or another, but not a fetus; or
(5) Acts or omissions of a pregnant female with respect to the fetus she is carrying.
(b) For purposes of the enforcement of the provisions of this section, a violation of the
provisions of the women's right to know act, article two-i, chapter sixteen of this code, shall not
serve as a waiver of the protection afforded by the provisions of subdivision (1), subsection (a) of
this section.

(a) For purposes of enforcing the provisions of sections one, four, and seven, subsections (a)
and (c) of section nine, sections ten and ten-b, and subsection (a) of section twenty-eight, article two
of this chapter, the offender is subject to enhanced penalties as provided by this section, if:
(1) The victim of the above-described criminal conduct is a pregnant female carrying an
embryo or non-viable fetus at the time the alleged act was committed;
(2) The act or acts of the offender cause the death or injury of the pregnant female or cause
the loss of, or injury to, her embryo or non-viable fetus;
(3) The indictment or warrant, as the case may be, alleges elements as described in
subdivisions (1) and (2) of this subsection;
(4) Any alleged elements as described in subdivisions (1) and (2) of this subsection are
submitted to a jury as a special jury interrogatory; and
(5) The jury, or the judge without a jury, as trier of fact as to the allegations set forth in the
indictment or warrant, finds that the elements described in subdivisions (1) and (2) of this subsection
that increase a penalty for crime beyond a prescribed statutory maximum are proved beyond
reasonable doubt.
(b) If the offender is convicted of murder, as defined in section one, article two of this
chapter, then in addition to the penalties provided by sections two and three, article two of this
chapter, the court may impose an additional sentence of imprisonment of not more than ten years.
(c) If the offender is convicted of voluntary manslaughter under section four, article two of
this chapter, then in addition to the penalty provided for by section four, the court may impose an
additional sentence of imprisonment of not more than five years.
(d) If the offender is convicted of attempting to kill or injure by poison under section seven,
article two of this chapter, then in addition to the penalty provided for by section seven, the court
may impose an additional sentence of imprisonment of not more than five years.
(e) If the offender is convicted of malicious assault under subsection (a), section nine, article
two of this chapter, then in addition to the penalty provided for by subsection (a), section nine, the
court may impose an additional sentence of imprisonment of not more than three years.
(f) If the offender is convicted of battery under subsection (c), section nine, article two of this
chapter, then in addition to the penalty provided for by subsection (c), section nine, the court may
impose an additional sentence of confinement of not more than six months in a county or regional
jail.
(h) If the offender is convicted of assault under section ten, article two of this chapter, then
in addition to the penalty provided for by section ten, the court may impose an additional sentence
of imprisonment of not more than two years in a state correctional facility or confinement of not
more than six months in a county or regional jail.
(i) If the offender is convicted of malicious assault under subsection (a), section ten-b, article
two of this chapter, then in addition to the penalty provided for by subsection (a), section ten-b, the
court may impose an additional sentence of imprisonment of not more than five years.
(j) If the offender is convicted of unlawful assault under subsection (b), section ten-b, article
two of this chapter, then in addition to the penalty provided for by subsection (b), section ten-b, the
court may impose an additional sentence of imprisonment of not more than two years.
(k) If the offender is convicted of battery under subsection (c), section ten-b, article two of
this chapter, then in addition to the penalty provided for by subsection (c), section ten-b, the court
may impose an additional sentence of confinement of not more than six months in a county or
regional jail.
(1) If the offender is convicted of domestic battery under subsection (a), section twenty-eight,
article two of this chapter, then in addition to the penalty provided for by subsection (a), section
twenty-eight, the court may impose an additional sentence of confinement of not more than six
months in a county or regional jail.

§61-2A-5. Recognizing a viable fetus as a distinct victim of certain crimes of violence against the person.

(a) For purposes of enforcing the provisions of article two of this chapter, relating to crimes
against the person, a pregnant female and the viable fetus she is carrying each constitute separate and
distinct victims.
(b) As to an offense committed against a viable fetus, in addition to the elements of the
underlying offense, the state must prove, beyond a reasonable doubt, that the alleged offender:
(A) intended to cause death or injury to the pregnant female or to cause the loss of, or injury to, her
viable fetus, or (B) knew that such acts would cause death or injury to the pregnant female or would
cause the loss of, or injury to, her viable fetus, or (c) knew that the acts created a strong probability
of death or injury to the pregnant female or the loss of, or injury to, her viable fetus.§61-2A-6. Other convictions not barred.
A prosecution for or conviction under this article is not a bar to conviction of or punishment
for any other crime committed by the defendant arising from the same incident."
The question before the House being on the adoption of the foregoing amendment, the same
was put and did not prevail.
Delegates Webster, Amores, Brown, Caputo, Hatfield and Morgan then moved to amend the
bill on page five, section thirty, following line fifty-two , by inserting a new subsection, designated
subsection (g), to read as follows:
"(g) By enacting this section during the regular session of the Legislature, 2005, the
Legislature as a body does not intend to make a statement as to any moral, religious, scientific or
other belief that may be held by an individual or a group of individuals regarding the question of
when a human life begins."
The question before the House being on the adoption of the amendment, the same was put
and the result of the viva voce vote was inconclusive.
Whereupon,
The House divided on the question and there being thirty members who arose in support of the amendment, the Speaker declared that an insufficient number having voted by rising, the
amendment was rejected.
On both the foregoing amendments, Delegates requested to be recorded in the Journal as
follows:
Yea:Delegates Webster, Talbott, Long, Proudfoot, Wells, Campbell, Hrutkay, Mahan,
Palumbo, Amores, Morgan, Caputo, Manchin, Brown, Doyle and Hatfield.
On the second amendment offered by Delegate Webster, et al, Delegates requested to be
recorded in the Journal as follows:
Yea: Delegates Perdue, Spencer, Poling, Longstreth and Mr. Speaker, Mr. Kiss.
The bill was then read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 125),
and there were--yeas 81, nays 17, absent and not voting 2, with the nays and absent and not voting
being as follows:
Nays: Amores, Brown, Campbell, Caputo, Doyle, Hatfield, Hrutkay, Hunt, Long,
Longstreth, Mahan, Marshall, Morgan, Palumbo, Talbott, Webster and Wells.
Absent And Not Voting: Ferrell and Leach.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (S. B. 146) passed.
Delegate Staton moved that the bill take effect July 1, 2005.
On this question, the yeas and nays were taken (Roll No. 126), and there were--yeas 87, nays
11, absent and not voting 2, with the nays and absent and not voting being as follows:
Nays: Amores, Brown, Campbell, Caputo, Doyle, Hatfield, Hrutkay, Hunt, Marshall, Talbott
and Webster.
Absent And Not Voting: Ferrell and Leach.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (S. B. 146) takes effect July 1, 2005.Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates.

Second Reading

S. B. 153, Relating generally to ethical standards of public officers and employees; on second
reading, coming up in regular order, was read a second time.
Delegates Overington, Sobonya, Armstead and Howard moved to amend the bill on page
twenty, after line three hundred and seventy-nine, by inserting the following:
"§6B-2-5. Ethical standards for elected and appointed officials and public employees.(a) Persons subject to section. -- The provisions of this section apply to all elected and
appointed public officials and public employees, whether full or part time, in state, county, municipal
governments and their respective boards, agencies, departments and commissions and in any other
regional or local governmental agency, including county school boards.
(b) Use of public office for private gain. -- (1) A public official or public employee may not
knowingly and intentionally use his or her office or the prestige of his or her office for his or her own
private gain or that of another person. Incidental use of equipment or resources available to a public
official or public employee by virtue of his or her position for personal or business purposes resulting
in de minimis private gain does not constitute use of public office for private gain under this
subsection. The performance of usual and customary duties associated with the office or position
or the advancement of public policy goals or constituent services, without compensation, does not
constitute the use of prestige of office for private gain.
(2) The Legislature, in enacting this subsection, recognizes that there may be certain public
officials or public employees who bring to their respective offices or employment their own unique
personal prestige which is based upon their intelligence, education, experience, skills and abilities,
or other personal gifts or traits. In many cases, these persons bring a personal prestige to their office
or employment which inures to the benefit of the state and its citizens. Those persons may, in fact,
be sought by the state to serve in their office or employment because, through their unusual gifts or traits, they bring stature and recognition to their office or employment and to the state itself. While
the office or employment held or to be held by those persons may have its own inherent prestige, it
would be unfair to those individuals and against the best interests of the citizens of this state to deny
those persons the right to hold public office or to be publicly employed on the grounds that they
would, in addition to the emoluments of their office or employment, be in a position to benefit
financially from the personal prestige which otherwise inheres to them. Accordingly, the
Commission is directed, by legislative rule, to establish categories of public officials and public
employees, identifying them generally by the office or employment held, and offering persons who
fit within those categories the opportunity to apply for an exemption from the application of the
provisions of this subsection. Exemptions may be granted by the Commission, on a case-by-case
basis, when it is shown that: (A) The public office held or the public employment engaged in is not
such that it would ordinarily be available or offered to a substantial number of the citizens of this
state; (B) the office held or the employment engaged in is such that it normally or specifically
requires a person who possesses personal prestige; and (C) the person's employment contract or
letter of appointment provides or anticipates that the person will gain financially from activities
which are not a part of his or her office or employment.
(c) Gifts. -- (1) A public official or public employee may not solicit any gift unless the
solicitation is for a charitable purpose with no resulting direct pecuniary benefit conferred upon the
official or employee or his or her immediate family: Provided, That no public official or public
employee may solicit for a charitable purpose any gift from any person who is also an official or
employee of the state and whose position is subordinate to the soliciting official or employee:
Provided, however, That nothing herein shall prohibit a candidate for public office from soliciting
a lawful political contribution. No official or employee may knowingly accept any gift, directly or
indirectly, from a lobbyist or from any person whom the official or employee knows or has reason
to know:
(A) Is doing or seeking to do business of any kind with his or her agency;
(B) Is engaged in activities which are regulated or controlled by his or her agency; or
(C) Has financial interests which may be substantially and materially affected, in a manner
distinguishable from the public generally, by the performance or nonperformance of his or her
official duties.
(2) Notwithstanding the provisions of subdivision (1) of this subsection, a person who is a
public official or public employee may accept a gift described in this subdivision, and there shall be
a presumption that the receipt of such gift does not impair the impartiality and independent judgment
of the person. This presumption may be rebutted only by direct objective evidence that the gift did
impair the impartiality and independent judgment of the person or that the person knew or had reason
to know that the gift was offered with the intent to impair his or her impartiality and independent
judgment. The provisions of subdivision (1) of this subsection do not apply to:
(A) Meals and beverages;
(B) Ceremonial gifts or awards which have insignificant monetary value;
(C) Unsolicited gifts of nominal value or trivial items of informational value;
(D) Reasonable expenses for food, travel and lodging of the official or employee for a
meeting at which the official or employee participates in a panel or has a speaking engagement;
(E) Gifts of tickets or free admission extended to a public official or public employee to
attend charitable, cultural or political events, if the purpose of such gift or admission is a courtesy
or ceremony customarily extended to the office;
(F) Gifts that are purely private and personal in nature; or
(G) Gifts from relatives by blood or marriage, or a member of the same household.
(3) The Commission shall, through legislative rule promulgated pursuant to chapter twenty-
nine-a of this code, establish guidelines for the acceptance of a reasonable honorarium by public
officials and elected officials. The rule promulgated shall be consistent with this section. Any
elected public official may accept an honorarium only when: (1) That official is a part-time elected
public official; (2) the fee is not related to the official's public position or duties; (3) the fee is for services provided by the public official that are related to the public official's regular, nonpublic
trade, profession, occupation, hobby or avocation; and (4) the honorarium is not provided in
exchange for any promise or action on the part of the public official.
(4) Nothing in this section shall be construed so as to prohibit the giving of a lawful political
contribution as defined by law.
(5) The Governor or his designee may, in the name of the state of West Virginia, accept and
receive gifts from any public or private source. Any gift so obtained shall become the property of
the state and shall, within thirty days of the receipt thereof, be registered with the Commission and
the division of culture and history.
(6) Upon prior approval of the joint committee on government and finance, any member of
the Legislature may solicit donations for a regional or national legislative organization conference
or other legislative organization function to be held in the state for the purpose of deferring costs to
the state for hosting of the conference or function. Legislative organizations are bipartisan regional
or national organizations in which the joint committee on government and finance authorizes
payment of dues or other membership fees for the Legislature's participation and which assist this
and other state legislatures and their staff through any of the following:
(i) Advancing the effectiveness, independence and integrity of legislatures in the states of the
United States;
(ii) Fostering interstate cooperation and facilitating information exchange among state
legislatures;
(iii) Representing the states and their legislatures in the American federal system of
government;
(iv) Improving the operations and management of state legislatures and the effectiveness of
legislators and legislative staff, and to encourage the practice of high standards of conduct by
legislators and legislative staff;
(v) Promoting cooperation between state legislatures in the United States and legislatures in other countries.
The solicitations may only be made in writing. The legislative organization may act as fiscal
agent for the conference and receive all donations. In the alternative, a bona fide banking institution
may act as the fiscal agent. The official letterhead of the Legislature may not be used by the
legislative member in conjunction with the fund raising or solicitation effort. The legislative
organization for which solicitations are being made shall file with the Joint Committee on
Government and Finance and with the Secretary of State for publication in the State Register as
provided in article two of chapter twenty-nine-a of the Code, copies of letters, brochures and other
solicitation documents, along with a complete list of the names and last known addresses of all
donors and the amount of donations received. Any solicitation by a legislative member shall contain
the following disclaimer:
'This solicitation is endorsed by [name of member]. This endorsement does not imply
support of the soliciting organization, nor of the sponsors who may respond to the solicitation. A
copy of all solicitations are on file with the West Virginia Legislature's Joint Committee on
Government and Finance, and with the Secretary of State and are available for public review.'
(7) Upon written notice to the Commission, any member of the Board of Public Works may
solicit donations for a regional or national organization conference or other function related to the
office of the member to be held in the state for the purpose of deferring costs to the state for hosting
of the conference or function. The solicitations may only be made in writing. The organization may
act as fiscal agent for the conference and receive all donations. In the alternative, a bona fide
banking institution may act as the fiscal agent. The official letterhead of the office of the Board of
Public Works member may not be used in conjunction with the fund raising or solicitation effort.
The organization for which solicitations are being made shall file with the Joint Committee on
Government and Finance, with the Secretary of State for publication in the state register as provided
in article two of chapter twenty-nine-a of the code and with the Commission, copies of letters,
brochures and other solicitation documents, along with a complete list of the names and last known addresses of all donors and the amount of donations received. Any solicitation by a member of the
Board of Public Works shall contain the following disclaimer: 'This solicitation is endorsed by
(name of member of Board of Public Works.) This endorsement does not imply support of the
soliciting organization, nor of the sponsors who may respond to the solicitation. Copies of all
solicitations are on file with the West Virginia Legislature's Joint Committee on Government and
Finance, with the West Virginia Secretary of State and with the West Virginia Ethics Commission
and are available for public review.' Any moneys in excess of those donations needed for the
conference or function shall be deposited in the Capitol Dome and Capitol Improvement Fund
established in section two, article four of chapter five-a of this code.
(d) Interests in public contracts. -- (1) In addition to the provisions of section fifteen, article
ten, chapter sixty-one of this code, no elected or appointed public official or public employee or
member of his or her immediate family or business with which he or she is associated may be a party
to or have an interest in the profits or benefits of a contract which the official or employee may have
direct authority to enter into, or over which he or she may have control: Provided, That nothing
herein shall be construed to prevent or make unlawful the employment of any person with any
governmental body: Provided, however, That nothing herein shall be construed to prohibit a member
of the Legislature from entering into a contract with any governmental body, or prohibit a part-time
appointed public official from entering into a contract which the part-time appointed public official
may have direct authority to enter into or over which he or she may have control when the official
has not participated in the review or evaluation thereof, has been recused from deciding or evaluating
and has been
excused from voting on the contract and has fully disclosed the extent of his or her
interest in the contract.
(2) In the absence of bribery or a purpose to defraud, an elected or appointed public official
or public employee or a member of his or her immediate family or a business with which he or she
is associated shall not be considered as having an interest in a public contract when such a person
has a limited interest as an owner, shareholder or creditor of the business which is the contractor on the public contract involved. A limited interest for the purposes of this subsection is:

(A) An interest:

(i) Not exceeding ten percent of the partnership or the outstanding shares of a corporation;
or
(ii) Not exceeding thirty thousand dollars interest in the profits or benefits of the contract;
or

(B) An interest as a creditor:

(i) Not exceeding ten percent of the total indebtedness of a business; or
(ii) Not exceeding thirty thousand dollars interest in the profits or benefits of the contract.
(3) Where the provisions of subdivisions (1) and (2) of this subsection would result in the
loss of a quorum in a public body or agency, in excessive cost, undue hardship, or other substantial
interference with the operation of a state, county, municipality, county school board or other
governmental agency, the affected governmental body or agency may make written application to
the Ethics Commission for an exemption from subdivisions (1) and (2) of this subsection.
(e) Confidential information. -- No present or former public official or employee may
knowingly and improperly disclose any confidential information acquired by him or her in the course
of his or her official duties nor use such information to further his or her personal interests or the
interests of another person.
(f) Prohibited representation. -- No present or former elected or appointed public official or
public employee shall, during or after his or her public employment or service, represent a client or
act in a representative capacity with or without compensation on behalf of any person in a contested
case, rate-making proceeding, license or permit application, regulation filing or other particular
matter involving a specific party or parties which arose during his or her period of public service or
employment and in which he or she personally and substantially participated in a decision-making,
advisory or staff support capacity, unless the appropriate government agency, after consultation,
consents to such representation. A staff attorney, accountant or other professional employee who has represented a government agency in a particular matter shall not thereafter represent another
client in the same or substantially related matter in which that client's interests are materially adverse
to the interests of the government agency, without the consent of the government agency: Provided,
That this prohibition on representation shall not apply when the client was not directly involved in
the particular matter in which the professional employee represented the government agency, but was
involved only as a member of a class. The provisions of this subsection shall not apply to legislators
who were in office and legislative staff who were employed at the time it originally became effective
on the first day of July, one thousand nine hundred eighty-nine, and those who have since become
legislators or legislative staff and those who shall serve hereafter as legislators or legislative staff.
(g) Limitation on practice before a board, agency, commission or department. -- (1) No
elected or appointed public official and no full-time staff attorney or accountant shall, during his or
her public service or public employment or for a period of one year after the termination of his or
her public service or public employment with a governmental entity authorized to hear contested
cases or promulgate or propose rules, appear in a representative capacity before the governmental
entity in which he or she serves or served or is or was employed in the following matters:
(A) A contested case involving an administrative sanction, action or refusal to act;
(B) To support or oppose a proposed rule;
(C) To support or contest the issuance or denial of a license or permit;
(D) A rate-making proceeding; and
(E) To influence the expenditure of public funds.
(2) As used in this subsection, 'represent' includes any formal or informal appearance before,
or any written or oral communication with, any public agency on behalf of any person: Provided,
That nothing contained in this subsection shall prohibit, during any period, a former public official
or employee from being retained by or employed to represent, assist or act in a representative
capacity on behalf of the public agency by which he or she was employed or in which he or she
served. Nothing in this subsection shall be construed to prevent a former public official or employee from representing another state, county, municipal or other governmental entity before the
governmental entity in which he or she served or was employed within one year after the termination
of his or her employment or service in the entity.
(3) A present or former public official or employee may appear at any time in a representative
capacity before the Legislature, a county commission, city or town council or county school board
in relation to the consideration of a statute, budget, ordinance, rule, resolution or enactment.
(4) Members and former members of the Legislature and professional employees and former
professional employees of the Legislature shall be permitted to appear in a representative capacity
on behalf of clients before any governmental agency of the state or of county or municipal
governments, including county school boards.
(5) An elected or appointed public official, full-time staff attorney or accountant who would
be adversely affected by the provisions of this subsection may apply to the Ethics Commission for
an exemption from the six months prohibition against appearing in a representative capacity, when
the person's education and experience is such that the prohibition would, for all practical purposes,
deprive the person of the ability to earn a livelihood in this state outside of the governmental agency.
The Ethics Commission shall by legislative rule establish general guidelines or standards for granting
an exemption or reducing the time period, but shall decide each application on a case-by-case basis.
(h) Employment by regulated persons. -- (1) No full-time official or full-time public
employee may seek employment with, be employed by, or seek to purchase, sell or lease real or
personal property to or from any person who:
(A) Had a matter on which he or she took, or a subordinate is known to have taken,
regulatory action within the preceding twelve months; or
(B) Has a matter before the agency to which he or she is working or a subordinate is known
by him or her to be working.
(2) Within the meaning of this section, the term 'employment' includes professional services
and other services rendered by the public official or public employee, whether rendered as employee or as an independent contractor; 'seek employment' includes responding to unsolicited offers of
employment as well as any direct or indirect contact with a potential employer relating to the
availability or conditions of employment in furtherance of obtaining employment; and 'subordinate'
includes only those agency personnel over whom the public official or public employee has
supervisory responsibility.
(3) A full-time public official or full-time public employee who would be adversely affected
by the provisions of this subsection may apply to the Ethics Commission for an exemption from the
prohibition contained in subdivision (1), of this subsection. The Ethics Commission shall by
legislative rule establish general guidelines or standards for granting an exemption, but shall decide
each application on a case-by-case basis.
(4) A full-time public official or full-time public employee may not take personal regulatory
action on a matter affecting a person by whom he or she is employed or with whom he or she is
seeking employment or has an agreement concerning future employment.
(5) A full-time public official or full-time public employee may not receive private
compensation for providing information or services that he or she is required to provide in carrying
out his or her public job responsibilities.
(i) Members of the Legislature required to vote. -- Members of the Legislature who have
asked to be excused from voting or who have made inquiry as to whether they should be excused
from voting on a particular matter and who are required by the presiding officer of the House of
Delegates or Senate of West Virginia to vote under the rules of the particular house shall not be
guilty of any violation of ethics under the provisions of this section for a vote so cast.
(j) Limitations on participation in licensing and rate-making proceedings. -- No public
official or employee may participate within the scope of his or her duties as a public official or
employee, except through ministerial functions as defined in section three, article one of this chapter,
in any license or rate-making proceeding that directly affects the license or rates of any person,
partnership, trust, business trust, corporation or association in which the public official or employee or his or her immediate family owns or controls more than ten percent. No public official or public
employee may participate within the scope of his or her duties as a public official or public
employee, except through ministerial functions as defined in section three, article one of this chapter,
in any license or rate-making proceeding that directly affects the license or rates of any person to
whom the public official or public employee or his or her immediate family, or a partnership, trust,
business trust, corporation or association of which the public official or employee, or his or her
immediate family, owns or controls more than ten percent, has sold goods or services totaling more
than one thousand dollars during the preceding year, unless the public official or public employee
has filed a written statement acknowledging such sale with the public agency and the statement is
entered in any public record of the agency's proceedings. This subsection shall not be construed to
require the disclosure of clients of attorneys or of patients or clients of persons licensed pursuant to
article three, eight, fourteen, fourteen-a, fifteen, sixteen, twenty, twenty-one or thirty-one, chapter
thirty of this code.
(k) Certain compensation prohibited. -- (1) A public employee may not receive additional
compensation from another publicly-funded state, county or municipal office or employment for
working the same hours, unless:
(A) The public employee's compensation from one public employer is reduced by the amount
of compensation received from the other public employer;
(B) The public employee's compensation from one public employer is reduced on a pro rata
basis for any work time missed to perform duties for the other public employer;
(C) The public employee uses earned paid vacation, personal or compensatory time or takes
unpaid leave from his or her public employment to perform the duties of another public office or
employment; or
(D) A part-time public employee who does not have regularly scheduled work hours or a
public employee who is authorized by one public employer to make up, outside of regularly
scheduled work hours, time missed to perform the duties of another public office or employment maintains time records, verified by the public employee and his or her immediate supervisor at least
once every pay period, showing the hours that the public employee did, in fact, work for each public
employer. The public employer shall submit these time records to the Ethics Commission on a
quarterly basis.
(2) This section does not prohibit a retired public official or public employee from receiving
compensation from a publicly-funded office or employment in addition to any retirement benefits
to which the retired public official or public employee is entitled.
(l) Certain expenses prohibited. -- No public official or public employee shall knowingly
request or accept from any governmental entity compensation or reimbursement for any expenses
actually paid by a lobbyist and required by the provisions of this chapter to be reported, or actually
paid by any other person.
(m) Any person who is employed as a member of the faculty or staff of a public institution
of higher education and who is engaged in teaching, research, consulting or publication activities in
his or her field of expertise with public or private entities and thereby derives private benefits from
such activities shall be exempt from the prohibitions contained in subsections (b), (c) and (d) of this
section when the activity is approved as a part of an employment contract with the governing board
of the institution or has been approved by the employee's department supervisor or the §president
of the institution by which the faculty or staff member is employed.
(n) Except as provided in this section, a person who is a public official or public employee
may not solicit private business from a subordinate public official or public employee whom he or
she has the authority to direct, supervise or control. A person who is a public official or public
employee may solicit private business from a subordinate public official or public employee whom
he or she has the authority to direct, supervise or control when:
(A) The solicitation is a general solicitation directed to the public at large through the mailing
or other means of distribution of a letter, pamphlet, handbill, circular or other written or printed
media; or
(B) The solicitation is limited to the posting of a notice in a communal work area; or
(C) The solicitation is for the sale of property of a kind that the person is not regularly
engaged in selling; or
(D) The solicitation is made at the location of a private business owned or operated by the
person to which the subordinate public official or public employee has come on his or her own
initiative.(o) Elected or appointed public officials may not use their names or likenesses on any state
owned or leased vehicles, promotional materials, commercials, printed advertisement or public
service announcements owned, paid for or produced by the state or any political subdivision. This
subsection does not prohibit elected or appointed officials from using their names or likenesses on
any official record or report, directory, letterhead, map, document or certificate issued in the course
of their duties as elected or appointed officials or for promotional materials used for promotion of
tourism and economic development in the state.(o)(p) The Commission may, by legislative rule promulgated in accordance with chapter
twenty-nine-a of this Code, define further exemptions from this section as necessary or appropriate."

And,

On page one, by amending the enacting section to read as follows:
"That §6B-2-4, §6B-2-5 and §6B-2-10 of the Code of West Virginia, 1931, as amended, be
amended and reenacted, all to read as follows" and a colon.On the adoption of the amendment, Delegate Overington demanded the yeas and nays, which
demand was sustained.
The yeas and nays having been ordered, they were taken (Roll No. 127), and there were--yeas
33, nays 64, absent and not voting 3, with the yeas and absent and not voting being as follows:
Yeas: Anderson, Armstead, Ashley, Azinger, Blair, Border, Canterbury, Carmichael, Duke,
Ellem, Evans, Frich, Hall, Hamilton, Howard, Lane, Leggett, Louisos, Overington, Porter, Roberts,
Romine, Rowan, Schadler, Schoen, Sobonya, Stevens, Sumner, Tansill, Trump, Wakim, Walters and White, Gil.
Absent And Not Voting: Beach, Ferrell and Leach.
So, a majority of the members present and voting not having voted in the affirmative, the
amendment was not adopted.
Delegates Armstead, Trump and Sobonya moved to amend the bill on page twenty, after
section four, after line three hundred and seventy-nine, by inserting the following:
"§6B-2-7. Financial disclosure statement; contents.
The financial disclosure statement required under this article shall contain the following
information:
(1) The name, residential and business addresses of the person filing the statement and all
names under which the person or his or her spouse does business.

(2) The name and address of each employer of the person.

(3) The name and address of each business in which the person filing the statement and his
or her spouse has or had in the last year an interest of ten thousand dollars at fair market value or five
percent ownership interest, if that interest is valued at more ten thousand dollars.
(4) The identification, by category, of every source of income over one thousand dollars
received during the preceding calendar year, in his or her own name or by any other person for his
or her use or benefit, by the person filing the statement, or the spouse of the person filing the
statement, and a brief description of the nature of the services for which the income was received.
This subdivision does not require a person filing the statement who derives income from a business,
profession or occupation to disclose the individual sources and items of income that constitute the
gross income of that business, profession or occupation nor does this subdivision require a person
filing the statement to report the source or amount of income derived by his or her spouse.
(5) If the person, or his or her spouse, profited or benefitted in the year prior to the date of
filing from a contract for the sale of goods or services to a state, county, municipal or other local
governmental agency either directly or through a partnership, corporation or association in which the person or his or her spouse owned or controlled more than ten percent, the person shall describe the
nature of the goods or services and identify the governmental agencies which purchased the goods
or services.
(6) Each interest group or category listed below doing business in this state with which either
the person filing the statement or the spouse of the person filing the statement, did business or
furnished services and from which the person or his or her spouse received more than twenty percent
of his or her gross income during the preceding calendar year. The groups or categories are electric
utilities, gas utilities, telephone utilities, water utilities, cable television companies, interstate
transportation companies, intrastate transportation companies, oil or gas retail companies, banks,
savings and loan associations, loan or finance companies, manufacturing companies, surface mining
companies, deep mining companies, mining equipment companies, chemical companies, insurance
companies, retail companies, beer, wine or liquor companies or distributors, recreation related
companies, timbering companies, hospitals or other health care providers, trade associations,
professional associations, associations of public employees or public officials, counties, cities or
towns, labor organizations, waste disposal companies, wholesale companies, groups or associations
promoting gaming or lotteries, advertising companies, media companies, race tracks and promotional
companies.
(7) The names of all persons, excluding that person's immediate family, parents or
grandparents residing or transacting business in the state to whom the person filing the statement,
or the spouse of the person filing the statement owes, on the date of execution of this statement in
the aggregate in his or her own name or in the name of any other person more than five thousand
dollars: Provided, That nothing herein shall require the disclosure of a mortgage on the person's
primary and secondary residences or of automobile loans on automobiles maintained for the use of
the person's immediate family, or of a student loan, nor shall this section require the disclosure of
debts which result from the ordinary conduct of the person's business, profession, or occupation or
of debts of the person filing the statement to any financial institution, credit card company, or business, in which the person has an ownership interest: Provided, however, That the previous
proviso shall not exclude from disclosure loans obtained pursuant to the linked deposit program
provided for in article one-a, chapter twelve of this code or any other loan or debt incurred which
requires approval of the state or any of its political subdivisions.
(8) The names of all persons except immediate family members, parents and grandparents
residing or transacting business in the state (other than a demand or savings account in a bank,
savings and loan association, credit union or building and loan association or other similar
depository) who owes on the date of execution of this statement more, in the aggregate, than five
thousand dollars to the person filing the statement or the spouse of the person filing the statement,
either in his or her own name or to any other person for his or her use or benefit. This subdivision
does not require the disclosure of debts owed to the person filing the statement which debts result
from the ordinary conduct of the person's business, profession or occupation or of loans made by
the person filing the statement to any business in which the person has an ownership interest.(9) A description, including the location, of each interest in real property located in this state
owned directly or indirectly by the person filing the statement or his or her spouse, when the interest
owned is five percent or more of the value of such property or the fair market value of which is ten
thousand dollars or more.(9)(10) The source of each gift, including those described in subdivision (2), subsection (c),
section five of this article, having a value of over one hundred dollars, received from a person having
a direct and immediate interest in a governmental activity over which the person filing the statement
has control, shall be reported by the person filing the statement when such gift is given to said person
in his or her name or for his or her use or benefit during the preceding calendar year: Provided, That,
effective from passage of the amendments to this section enacted during the First Extraordinary
Session of the Legislature in two thousand five, any person filing a statement required to be filed
pursuant to this section on or after the first day of January, two thousand five, is not required to
report those gifts described in subdivision (2), subsection (c), section five of this article that are otherwise required to be reported under section four, article three of this chapter: Provided, however,
That gifts received by will or by virtue of the laws of descent and distribution, or received from one's
spouse, child, grandchild, parents or grandparents, or received by way of distribution from an inter
vivos or testamentary trust established by the spouse or child, grandchild, or by an ancestor of the
person filing the statement are not required to be reported. As used in this subdivision, any series
or plurality of gifts which exceeds in the aggregate the sum of one hundred dollars from the same
source or donor, either directly or indirectly, and in the same calendar year shall be regarded as a
single gift in excess of that aggregate amount.(11) For purposes of this section, the term "spouse" does not include a person from whom
the person filing the statement is separated within the meaning of section two hundred thirty-eight,
article one, chapter forty-eight of this Code.

(10)(12) The signature of the person filing the statement."
And,
On page one, by amending the enacting section to read as follows:
"That §6B-2-4, §6B-2-7 and §6B-2-10 of the Code of West Virginia, 1931, as amended, be
amended and reenacted, all to read as follows" and a colon.
On the adoption of the amendment, Delegate Carmichael demanded the yeas and nays, which
demand was sustained.
The yeas and nays having been ordered, they were taken (Roll No. 128), and there were--yeas
33, nays 65, absent and not voting 2, with the yeas and absent and not voting being as follows:
Yeas: Anderson, Armstead, Ashley, Azinger, Blair, Border, Canterbury, Carmichael, Duke,
Ellem, Evans, Frich, Hall, Hamilton, Howard, Lane, Leggett, Louisos, Overington, Porter, Roberts,
Romine, Rowan, Schadler, Schoen, Sobonya, Stevens, Deb, Sumner, Tansill, Trump, Wakim,
Walters and White, Gil.
Absent And Not Voting: Ferrell and Leach.
So, a majority of the members present and voting not having voted in the affirmative, the amendment was not adopted.
Delegate Armstead moves to amend the bill on page eight, section four, on line one hundred
twenty-seven, by striking all of subdivision "(2)",
And,
On page twenty one, section ten, by striking all of subsection "(e)".
On the adoption of the amendment, Delegate Carmichael demanded the yeas and nays, which
demand was sustained.
The yeas and nays having been ordered, they were taken (Roll No. 129), and there were--yeas
32, nays 66, absent and not voting 2, with the yeas and absent and not voting being as follows:
Yeas: Anderson, Armstead, Ashley, Azinger, Blair, Border, Canterbury, Carmichael, Duke,
Ellem, Evans, Frich, Hall, Hamilton, Howard, Lane, Leggett, Louisos, Overington, Porter, Roberts,
Romine, Rowan, Schadler, Schoen, Sobonya, Stevens, Deb, Sumner, Tansill, Trump, Walters and
White, Gil.
Absent And Not Voting: Ferrell and Leach.
So, a majority of the members present and voting not having voted in the affirmative, the
amendment was not adopted.
On motion of Delegates Michael and Amores the bill was amended on page one, following
the enacting section, by inserting the following:

§6B-1-6. Deposit of funds.All moneys collected pursuant to this chapter except fines imposed pursuant to paragraph
(D), subdivision (1), subsection (r), section four, article two of this chapter shall be deposited in a
special account inthe general revenue fund in the state treasury to be known as the West Virginia
Governmental Ethics Commission Fund. Expenditures from the fund shall be for the purposes set forth in this chapter and are not authorized from collections but are to be made only in accordance
with appropriation by the Legislature and in accordance with the provisions of article three, chapter
twelve of this code and upon the fulfillment of the provisions set forth in article two, chapter five-a
of this code: Provided, That for the fiscal year ending the thirtieth day of June, two thousand five,
expenditures are authorized from collections rather than pursuant to an appropriation by the
Legislaturepursuant to the provisions of section two, article two, chapter twelve of this code.".
On page fifteen, section four, line two hundred ninety, by striking out the words "into the
special revenue account created".
On page twenty-one, following line forty, by inserting the following:
"ARTICLE 3. LOBBYISTS.
§6B-3-3a. Registration fees.
(a) Each lobbyist shall, at the time he or she registers, pay the Commission a base registration
fee of one hundred dollars, plus one hundred dollars for each employer represented, to be filed with
the initial registration statement and with each new registration statement filed by the lobbyist in
subsequent odd numbered years. Whenever a lobbyist modifies his or her registration to add
additional employers an additional registration fee of one hundred dollars for each additional
employer represented shall be paid to the Commission.
(b) All fees authorized and collected pursuant to this article shall be paid to the Ethics
Commission and thereafter deposited into the special revenue account created pursuant to section
six, article one of this chapter.§6B-3-3c. Lobbyist training course.
The Commission shall provide a training course for registered lobbyists and prospective
lobbyists at least twice each year regarding the provisions of the ethics code relevant to lobbyists.
One such course shall be conducted during the month of January. In addition to the registration fees
authorized in section three-a of this article, the Commission may collect a reasonable fee established
by legislative rule authorized pursuant to article three, chapter twenty-nine-a of this code from those attending lobbyist training, which is to be collected by the Ethics Commission and deposited in the
special revenue account created pursuant to section six, article one of this chapter. To maintain
registration and engage in lobbying activities, a lobbyist must complete one such training course per
year."
And,
On page one, by amending the enacting section to read as follows:
"That §6B-1-6 of the Code of West Virginia, 1931, as amended, as contained in chapter one,
acts of the Legislature, first extraordinary session, two thousand five, be amended and reenacted; that
§6B-2-4 and §6B-2-10 of said code, as contained in said acts, be amended and reenacted; and that
§6B-3-3a and §6B-3-3c of said code, as contained in said acts, be amended and reenacted, all to read
as follows" and a colon.
There being no further amendments, the bill was then ordered to third reading.

First Reading

Com. Sub. for H. B. 2775, Equalizing the interest rate for prejudgement and post-judgement
awards, on first reading, coming up in regular order, was read a first time and ordered to second
reading.

Leaves of Absence

At the request of Delegate Staton, and by unanimous consent, leaves of absence for the day
were granted Delegates Ferrell and Leach.
Delegate Staton asked and obtained unanimous consent that the remarks of all Delegates
regarding the passage of amendments to S. B. 146 be printed in the Appendix to the Journal.
At 2:34 p.m., on motion of Delegate Staton, the House of Delegates adjourned until 10:30
a.m., Thursday, March 17, 2005.